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2012 (9) TMI 534 - AT - Central ExciseAvailment of CENVAT Credit on fake invoices - disposal of appeal on non deposit of amount to hear and dispose the appeal - Held that - As in this kind of issues assessee is directed to deposit 20% of the amount of CENVAT Credit sought to be reversed, the case is remitted back to he first appellate authority to consider the issue on merit subject to the condition that the main appellant will deposits an amount of Rs.4 lakhs within a period of twelve weeks from date of order.
Issues:
Waiver of pre-deposit of CENVAT Credit, interest, and penalties - Non-compliance with Stay Order - Availment of CENVAT Credit on invoices from non-existent companies. Analysis: The Stay Petition was filed seeking the waiver of pre-deposit of CENVAT Credit, interest, and penalties amounting to Rs.19,37,374. The adjudicating authority confirmed these amounts as ineligible CENVAT Credit availed by the appellant on invoices from non-existent companies. The first appellate authority directed the appellant to deposit Rs.5 lakhs to proceed with the appeal, which the appellant failed to comply with, leading to the dismissal of the appeal. The issue focused on the availment of CENVAT Credit on invoices from entities later found to be fake or bogus. The Tribunal noted that the matter at hand was narrow in scope and proceeded with the appeal directly. It was observed that the appellant had not deposited the required amount as directed by the first appellate authority. The Bench emphasized the standard practice of directing the assessee to deposit 20% of the CENVAT Credit amount sought to be reversed in such cases. As the appellate authority did not provide any findings on the case's merits, the Tribunal decided to remand the matter back to the first appellate authority for a merit-based consideration. The appellant was instructed to deposit Rs.4 lakhs within twelve weeks, and compliance was to be reported by a specified date. Upon compliance verification, the first appellate authority was directed to decide on the case's merits and issue a detailed order following the principles of natural justice. In conclusion, the appeals were disposed of with the condition that the main appellant deposits the specified amount within the given timeframe for further consideration by the first appellate authority.
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